2.1 Submitting pictures for eBay's consideration. The Pictures Site is a website service that allows registered users (a "Picture Seller") to sell electronic images and all rights therein (the "Pictures") to eBay in response to its posted offer to purchase. From time to time, eBay will publish and update, on the Pictures Site, list(s) of products of those goods and services (each a "Product") for which it wishes to purchase image rights from registered Picture Sellers. In response, the Picture Sellers will be able to upload images for eBay’s purchase consideration. Certain Products may have submission deadlines.
2.2 Evaluation of Pictures.Images submitted to eBay for purchase consideration are not an immediate sale to eBay. Instead, eBay reserves the right to evaluate the submitted pictures and choose, from amongst the various pictures, those images which best meet eBay’s product needs and any associated publishing criteria. Please keep in mind that multiple Picture Sellers may submit images that appear similar to yours. eBay will only purchase those images and Pictures which it selects and for which it remits payment as further described in Section 4.
2.3 Use of PayPal. Please note that payments for selected pictures are normally made through the use of PayPal, as further described in Section 4.4 below. Accordingly, you will need to maintain a valid PayPal account when using the Pictures Site and the prices paid by eBay for selected Pictures may be converted into your country’s currency in accordance with your PayPal settings. PayPal may impose currency conversion and other service fees to your receipt of payments made hereunder and you agree that you will not be entitled to charge eBay any additional amounts for such PayPal fees.
3. How to become a registered user of the Pictures Site
3.3 Email Address and Password.You will need your eBay user ID and password to access and use the Pictures Site. You are solely responsible for maintaining the security of your eBay user ID and password and for all activity that occurs under your eBay user ID and password. You should not disclose your password to any other person.
4.1 Purchase Price. For each Product, eBay will list the price to be paid for those Pictures that it selects for purchase. Where a Product has not received any Picture submittals at the stated price, then eBay reserves the right to modify the price it is willing to pay for Pictures by re-posting a revised price on the Pictures Site. Unless otherwise specified in the Pictures Site, all prices are in GB pounds sterling.
4.2 Evaluation and Selection by eBay. All Pictures will be submitted to eBay for preliminary review and selection. EBAY MAY ELECT TO ACCEPT AND/OR REJECT ANY PICTURE(S) IN ITS SOLE DISCRETION, including without limitation, where a Pictures(s) do not materially conform to the Products requested or the submission specifications included on the Pictures Site. You will not receive any compensation or payment for submitting any Picture(s) that is/are not selected by eBay for purchase. eBay is under no obligation to purchase any minimum number of Pictures.
4.4 Payment terms. eBay’s preferred method of payment is through the use of PayPal. eBay will remit payment for those Pictures it has selected for purchase within forty five (45) days following its election to purchase. You agree that and the prices paid by eBay for selected Pictures may be converted into your country’s currency in accordance with your PayPal settings. PayPal may impose currency conversion and other service fees to your receipt of payments made here under and you agree that you will not be entitled to charge eBay any additional amounts for such PayPal fees. You further agree that you are responsible for 1) maintaining your eBay and PayPal accounts in good standing in order to receive payments for Pictures, 2) paying any currency conversion and other service fees imposed by PayPal, and 3) compliance with the PayPal terms and conditions. In certain circumstances eBay may elect alternate payment methods (i.e. by check or wire transfer) and will notify you via email in the event such election is made. Payment terms may only be modified as set forth in Section 1.3.
4.5 Taxes. All amounts payable here under are exclusive of any applicable transportation charges, or any sales, use, value-added, withholding, goods and services, and other taxes and duties. You will pay or reimburse all taxes and duties assessed in connection with this agreement by any authority within or outside of England.
6. Assignment of ownership to eBay; Attribution; Artist's Rights
6.1 License. Upon payment of the purchase price for selected Pictures, you hereby grant eBay a perpetual, non-exclusive, worldwide license to (a) use, reproduce, distribute, transmit, publicly perform and publicly display the selected Pictures, in whole or in part, in any manner and media, (b) modify, adapt, translate and create derivative works from the Pictures, in whole or in part, in any manner and media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.
6.3 Artist's Rights. If you are assigning rights pursuant to Section 6 and you have any rights, including without limitation "artist's rights" or "moral rights," in the Pictures that cannot be assigned, you hereby agree to unconditionally and irrevocably waive enforcement worldwide of such rights against eBay, its affiliates, assigns and licensees and all claims and causes of action of any kind against eBay, its affiliates, assigns or licensees with respect to such rights, and do agree, at eBay's expense and request, to consent to and join in any action to enforce such rights. In the event that you retain any such rights that cannot be assigned or waived, you hereby unconditionally and irrevocably grant to eBay an exclusive, attribution-free, assignable, worldwide, irrevocable, fully paid and royalty-free perpetual license to use, reproduce, distribute, sublicense (through multiple tiers), create derivative works of, publicly perform and publicly display the Pictures in any medium or format, whether now known or later developed, whether online or offline.
8. What eBay does not warrant (disclaimers of warranties and limitations of liability)
8.1 No Warranty.eBay provides the Pictures Site and services on an "as is" basis and "as available" basis without any warranties of any kind. eBay makes no warranty with respect to its Pictures Site, any images submitted to eBay for its purchase consideration, nor with respect to any purchased Pictures, and eBay expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
8.2 Waiver of Consequential Damages; Liability Limit. eBay expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the Pictures Site, or the suspension, termination or malfunction of the services or the site. eBay’s liability to you or anyone else in any circumstance is limited to £100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Nothing in this Agreement shall limit or exclude eBay's liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.
8.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
9.2 eBay entities. eBay Inc. is located at 2145 Hamilton Ave., San Jose, CA 95125. Europe S.à r.l. is located at 22-24 Boulevard Royal, L-2449 Luxembourg. eBay International AG is located at Helvetiastrasse 15/17, 3005, Bern, Switzerland.